Sunny Kathuria (Manager - Internet Marketing) 16 December 2014

Employer not giving relieving certificate and pending dues

A friend of mine was working with a company XYZ from past 2 years. Recently she resigned from her company and was serving her notice period. Post resignation, her bosses started harassing her by forcing her to give her replacement or else they will not relieve her. Her boss also misbehaved with her by saying that I will ruin your career and other derogatory statements. She left the office very same day and wrote an email to other members of management about her bosses misbehaviour.

The next day she received a termination email from her boss stating reason that she had misbehaved. She replied back to Termination email as an invalid one since she had resigned from her post and has been serving her notice period and gave reference of the previous email she had sent to management for misbehaviour done with her in the organization

Now since the notice period tenure is over, she emailed her management to get her relieving certificates and pending dues but the company personal are not responding back.

What kind of Legal Actions can be taken against the company and can you guys connect me a good labour lawyer in Delhi?

Reply Follow

2 Replies

Kumar Doab (FIN) 16 December 2014

1. She had complained of bad conduct and misbehavior and a hurried termination in such case ,without inquiry may be termed bad termination order. 2. Her boss may not be competent authority to terminate until or unless approved by the board of the company. 3. If terminated the FnF wages,service certificate, relieving letter should have been supplied on last day in office. The establishment may be covered by Delhi Shops and Establishment Act and person maybe covered as per def. of employee in the Act and also as 'Workman' as in ID Act.... If standing orders are applicable but aren't certified then Model Standing Orders shall apply and you may go thru Sec13,16... If standing orders are not applicable then as per Delhi Shops and Commercial Establishment Act the service conditions shall be governed by this Act... All of these enactment should be available at the website of Dept of Labor.... The employee can approach: Employee's unions leaders Trade Unions leaders e.g.CITU,INTUC,AITUC,BMS Inspector appointed under Delhi Shops and Commercial Establishment Act,Payment of Wages Act O/o Labor Commissioner She can also lodge complaint for outraging the modesty (if it is fact)......and if she has evidence then it is much better.. She is neither accountable nor responsible for providing her replacement.. At Delhi you can access lawyers par excellence... Mr.P.S.Dhingra, Mr.H.S.Thukral have been advising querists and if you can approach them.It shall be their prerogative and pleasure to agree to counsel you. You can search lawyer in data bank of LCI at the search option.